Legal framework on freedom of religion and actual application
Religious freedom and the right to practise religious beliefs are enshrined in Zimbabwe’s 2013 Constitution. In its Preamble, the document recognises “the supremacy of Almighty God, in whose hands our future lies” and asks for his “guidance and support”. Article 3 (1, d) acknowledges “the nation's diverse cultural, religious and traditional values” and the rights associated with these. Article 60 (1, a and b) guarantees to all citizens “freedom of thought, opinion, religion or belief”, as well as the “freedom to practise and propagate and give expression to their thought, opinion, religion or belief, whether in public or in private and whether alone or together with others.” Article 60 (2) goes on to say: “No person may be compelled to take an oath that is contrary to their religion or belief or to take an oath in a manner that is contrary to their religion or belief”.
Article 60 (3) states that “parents and guardians of minor children have the right to determine, in accordance with their beliefs, the moral and religious upbringing of their children, provided they do not prejudice the rights to which their children are entitled under this Constitution, including their rights to education, health, safety and welfare”. Section 4 of the same article recognises the right of religious communities to “establish institutions where religious instruction may be given, even if the institution receives a subsidy or other financial assistance from the State”.
Formally, the Zimbabwean Constitution considers human rights and freedoms as fundamental, but these principles are limited whenever the role of the ruling party, ZANU-PF (Zimbabwe African National Union – Patriotic Front) is called into question. For instance, the Public Order and Security Act (POSA) of 2002 places restrictions on freedom of assembly and association. The authorities have used this law to treat any kind of gathering, including religious ones, as “political”. Human rights organisations allege that the police have frequently used POSA in the past to suspend religious meetings.
In 2019, the Zimbabwean government that took office in 2017 by removing long-time strongman Robert Mugabe replaced POSA with the Maintenance of Peace and Order Act (MOPA). Since then, the new President, Emmerson Mnangagwa, a former Mugabe loyalist, has been accused of repression against dissidents.
Incidents and Developments
There have been several important developments in Zimbabwe over the past couple of years in terms of religious freedom.
In October 2020, the Zimbabwe Interreligious Council (ZIRC) was officially launched. This interfaith platform, which brings together Christians and Muslims, aims “to promote peace, reconciliation, good governance and holistic human development through interfaith action and collaboration”.
In December 2020, Zimbabwe’s Constitutional Court ruled that the national pledge, which contains the term “Almighty God”, was unconstitutional because it violated the freedom of conscience of students’ and parental rights.
In September 2021, the Zimbabwean cabinet proposed amendments to the Private Voluntary Organizations (PVO) Act with the intended goal of regulating NGOs, claiming that the changes were necessary to fight money laundering and terrorism and to prevent militant groups from seeking regime change and gaining access to foreign funding.
In November 2021, the Private Voluntary Organization Amendment Bill went before Parliament but drew criticism from various organisations, including religious groups, because it would give the authorities such broad powers over a larger spectrum of groups, including over their internal affairs and funding.
At present, faith-based groups are exempt from the existing PVO legislation, even if their charity work goes beyond religious activities. If the Bill is approved, the government could ban any organisation if it got involved in politics and revoke its registration if they deem any religious authority to be a “high [terrorism] risk”, and also reserves the power to replace its leaders.
According to civil society organisations, including religious groups, the PVO Bill risks limiting the rights of assembly and expression and could potentially impinge upon their ability to help people.
In December 2021, four UN special rapporteurs issued a statement saying that the proposed bill would “have grave consequences for the exercise of civil and political rights”, which could potentially negatively impact freedom of religion.
During the COVID-19 pandemic, the authorities and religious leaders throughout the country worked together to counter misinformation and promote vaccination. However, the restrictions imposed by the government left religious organisations, most notably Churches, struggling with unpreceded challenges, some feeling that they could have been better involved in the handling of the situation. Moreover, human rights groups have accused the authorities of politicising food aid, selectively enforcing health regulations in order to silence those who criticised government actions, and allowing pro-government religious groups to get around rules prohibiting large gatherings.
The Broadcasting Authority of Zimbabwe (BAZ) approved several licences for community and university radios, but once again, the Catholic Church was denied a radio broadcast licence, largely because of fears that independent radios would criticise the government and the ruling ZANU-PF party. For its part, the BAZ noted that religious groups are not entitled to a broadcasting licence under the law. As a result, faith groups have turned to social media.
The Catholic University of Zimbabwe announced plans to open a centre for online teaching and learning, which would extend its reach beyond the country’s boundaries. Since it was founded in 1999, the university has seen its enrolment rise tenfold.
The Catholic Church plays a prominent role in promoting education among the faithful, including their civic duties, such as voting. Along with other Churches, the Zimbabwe Catholic Bishops’ Conference (ZCBC) distributed copies of The Constitution to its members and led discussions on citizen rights in which concerns about freedom of assembly and expression were expressed.
In the March 2022 National Assembly by-elections, the Citizens' Coalition for Change, Zimbabwe's main opposition party, which had previously accused the government of incompetence, won 19 of the 28 seats in the long-delayed poll. During the campaign, the ZCBC issued a pastoral statement calling for free, fair, and peaceful by-elections.
Prospects for freedom of religion
The Zimbabwean government has reportedly continued to monitor religious and non-religious groups and organisations for criticising its actions. Its targets include public events and prayer meetings organised by church groups as well as NGOs, whether or not these are religious.
However, for the Catholic Church, the confrontational atmosphere that prevailed not along ago has somewhat dissipated. The Church continues to play a positive role in healthcare, in civic and scholastic education, and in support of free and fair elections, advocating transparency.
One important step during the period under review was the creation of the Zimbabwe Interreligious Council (ZIRC) bringing together Christians, Muslims, and other groups to advocate “for the empowerment of member bodies for the common good”. It remains to be seen, however, if this will improve the prospects for religious freedom, since the government remains wary of religious groups whenever they criticise its policies and actions. The prospects for religious freedom in Zimbabwe are therefore presently stable though dependent on the whim of government officials.
Zimbabwe